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DS-230 Question 40. f.

By kamhoe in IR-1 / CR-1 Spouse Visa Process & Procedures

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kamhoe Explorer

kamhoe   5

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
Posted

I've filed I-130 for my wife and am in waiting mode. In the meantime, I figured I'd take a look at DS-230 and try to get prepared for that.

DS-230 Question 40. f.: An alien who failed to attend a hearing on deportation or inadmissibility within the last 5 years; who seeks or has sought a visa, entry into the United Staes, or any immigration benefit by fraud or misrepresentation; who knowingly assisted any other alien to enter or try to enter the United States in violation of law; who, after November 30, 1996, attended in student ( F ) visa status a U.S. public elementary school or who attend a U.S. public secondary school without reimbursing the school; or who is subject to a civil penalty under INA 274C.

My wife applied for visitor visa around June 2010 and was denied because the CO didn't believe we were just friends (we were still friends at that time). How do I answer the question? If I select "Yes", does my wife automatically ineligible to receive a visa?

Please advice...!

Thanks!

USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
U.S. Consulate
2011-10-11 -- Case received
2011-10-31 -- Medical checkup
2011-11-22 -- Interview; Approved
2011-11-25 -- Visa received
United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received

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Karen2011 Explorer

Karen2011   0

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

I've filed I-130 for my wife and am in waiting mode. In the meantime, I figured I'd take a look at DS-230 and try to get prepared for that.

DS-230 Question 40. f.: An alien who failed to attend a hearing on deportation or inadmissibility within the last 5 years; who seeks or has sought a visa, entry into the United Staes, or any immigration benefit by fraud or misrepresentation; who knowingly assisted any other alien to enter or try to enter the United States in violation of law; who, after November 30, 1996, attended in student ( F ) visa status a U.S. public elementary school or who attend a U.S. public secondary school without reimbursing the school; or who is subject to a civil penalty under INA 274C.

My wife applied for visitor visa around June 2010 and was denied because the CO didn't believe we were just friends (we were still friends at that time). How do I answer the question? If I select "Yes", does my wife automatically ineligible to receive a visa?

Please advice...!

Thanks!

Was she asked on the interview about you and how do they know thaht you were friends?

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kamhoe Explorer

kamhoe   5

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
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Posted

Was she asked on the interview about you and how do they know thaht you were friends?

No, I was listed as a friend in her application to support her board and trip and that's why the CO didn't believe her words. Any idea?

USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
U.S. Consulate
2011-10-11 -- Case received
2011-10-31 -- Medical checkup
2011-11-22 -- Interview; Approved
2011-11-25 -- Visa received
United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received

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kamhoe Explorer

kamhoe   5

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
  • Author
Posted

Help! Is anyone can answer the question 40. f. on DS-230?

USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
U.S. Consulate
2011-10-11 -- Case received
2011-10-31 -- Medical checkup
2011-11-22 -- Interview; Approved
2011-11-25 -- Visa received
United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received

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Navyk Experienced

Navyk   78

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

I broke the whole question into relevant sub question:

An alien who failed to attend a hearing on deportation or inadmissibility within the last 5 years; Thie "NO" for you

who seeks or has sought a visa, entry into the US or any immigration benefit by fraud or misrepresentation;

who knowingly assisted any other alien to enter or try to to enter the US in voilation of law - Thie "NO" for you

who after November 30, 1996, attended in student (F) visa status a US Public elementary school or who attended a US public secondary school without reimbursing the school - Thie "NO" for you

or who is subject to a civil penalty under INA 274C - Thie "NO" for you

Remember it is for the foreign spouse to answer, so answer to all sub questions except 2 are a big NO. Now let's review sub question 2. The CO didn't beleive that you were friends and denied visitor visa. Now this is definitely not a fraud but let's see if is a misrepresentation. Does this come under misrepresentation just because CO denied her visitor visa?

As far as the visiting spouse is concern it is not misrepresentation, as you were friends but it was just that the CO didn't beleive you were friends. I think the answer to this sub question can be a "NO" from the spouse point of view. But NVC may view it differently.

I think it is immaterial whether you answer "NO" or "YES" but an explanation letter with DS-230 explaining the sub question 2 in detail must be done, so that NVC will not take it as hiding facts.

The bottom line is that NVC does want any lies or hiding facts. So it may be best to answer "YES" and attach an explanation letter.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

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kamhoe Explorer

kamhoe   5

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
  • Author
Posted

I broke the whole question into relevant sub question:

An alien who failed to attend a hearing on deportation or inadmissibility within the last 5 years; Thie "NO" for you

who seeks or has sought a visa, entry into the US or any immigration benefit by fraud or misrepresentation;

who knowingly assisted any other alien to enter or try to to enter the US in voilation of law - Thie "NO" for you

who after November 30, 1996, attended in student (F) visa status a US Public elementary school or who attended a US public secondary school without reimbursing the school - Thie "NO" for you

or who is subject to a civil penalty under INA 274C - Thie "NO" for you

Remember it is for the foreign spouse to answer, so answer to all sub questions except 2 are a big NO. Now let's review sub question 2. The CO didn't beleive that you were friends and denied visitor visa. Now this is definitely not a fraud but let's see if is a misrepresentation. Does this come under misrepresentation just because CO denied her visitor visa?

As far as the visiting spouse is concern it is not misrepresentation, as you were friends but it was just that the CO didn't beleive you were friends. I think the answer to this sub question can be a "NO" from the spouse point of view. But NVC may view it differently.

I think it is immaterial whether you answer "NO" or "YES" but an explanation letter with DS-230 explaining the sub question 2 in detail must be done, so that NVC will not take it as hiding facts.

The bottom line is that NVC does want any lies or hiding facts. So it may be best to answer "YES" and attach an explanation letter.

Thank you for your advice and information. You really clear up my mind on this! Also, congratulations on your I-130, I'm looking forward for that!

USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
U.S. Consulate
2011-10-11 -- Case received
2011-10-31 -- Medical checkup
2011-11-22 -- Interview; Approved
2011-11-25 -- Visa received
United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received

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Karen2011 Explorer

Karen2011   0

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted (edited)

Thats a great answer. Can you please advice me with my case.

I applied for F1 when I was dating with my Usa Bf at that time. My sponsor was my mum in UK. I was asked questions like why do I want to study in USA and if I have been there etc..My grand dad and uncle in USA so I said yes I have been there. My reason for denial was lack of ties in UK

We got married 2 months after the F1 denial.

So do I put YES or NO for Q40 F..

Edited by Karen2011
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pushbrk Grand Master

pushbrk   12,109

Posted
Filed: Other Country: China
 Timeline
Posted

Thats a great answer. Can you please advice me with my case.

I applied for F1 when I was dating with my Usa Bf at that time. My sponsor was my mum in UK. I was asked questions like why do I want to study in USA and if I have been there etc..My grand dad and uncle in USA so I said yes I have been there. My reason for denial was lack of ties in UK

We got married 2 months after the F1 denial.

So do I put YES or NO for Q40 F..

Both you and the OP's spouse should simply answer the question "NO". Neither attempted fraud. To say yes would be to admit to attempting fraud, which admission WOULD make you ineligible for visas.

Somebody not being convinced of your positive motives in applying for a visa or judging you don't have sufficient ties to your home country is not either fraud or an accusation of fraud. Answer NO.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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kamhoe Explorer

kamhoe   5

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
  • Author
Posted

Both you and the OP's spouse should simply answer the question "NO". Neither attempted fraud. To say yes would be to admit to attempting fraud, which admission WOULD make you ineligible for visas.

Somebody not being convinced of your positive motives in applying for a visa or judging you don't have sufficient ties to your home country is not either fraud or an accusation of fraud. Answer NO.

Really? Should I attach an explanation to "No" too?

Did anyone in VJ was denied for a visa and answered "No" to the question and had no problem during the interview? I am really worry she could get denied again!

Thanks!

USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
U.S. Consulate
2011-10-11 -- Case received
2011-10-31 -- Medical checkup
2011-11-22 -- Interview; Approved
2011-11-25 -- Visa received
United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received

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pushbrk Grand Master

pushbrk   12,109

Posted
Filed: Other Country: China
 Timeline
Posted (edited)

Really? Should I attach an explanation to "No" too?

Did anyone in VJ was denied for a visa and answered "No" to the question and had no problem during the interview? I am really worry she could get denied again!

Thanks!

No explanation unless asked verbally. Yes, lots of people have been denied student and visitor visas for lack of ties to home country, answered no to whether they tried to get their visas fraudulently and then successfully obtained spouse or fiancee visas. Mistakenly admitting to fraud is a sure way to both get denied AND banned from entry for 10 years to life.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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